Part III General

Special cases

73DF1Enforcement in relation to the Crown

1

No act or omission done or suffered by or on behalf of the Crown constitutes an offence under this Act; but the Court of Session may on the application of a public authority or office-holder responsible for the enforcement of anything required to be done, or prohibited, by or under this Act, declare unlawful any act or omission so done or suffered.

2

A planning authority must not take any step for the purposes of enforcement in relation to Crown land unless it has the consent of the appropriate authority.

3

The appropriate authority may give consent under subsection (2) subject to such conditions as it thinks appropriate.

4

A step taken for the purposes of enforcement is anything done in connection with the enforcement of anything required to be done or prohibited by or under this Act.

5

A step taken for the purposes of enforcement includes—

a

entering land,

b

initiating proceedings,

c

the making of an application.

6

A step taken for the purposes of enforcement does not include—

a

service of a notice,

b

the making of an order (other than a court order).